Federal Rules of Civil Procedure (FRCP) - Rule 11 and Judicial Precedent

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Questions and Answers

What is meant by a 'self-binding precedent'?

It is a precedent set by any court that must be followed by all other courts.

It is a precedent where a lower court can overrule a higher court's decision.

It is a precedent where the court is not bound by its own previous decisions.

It is a precedent where the court is bound by its own previous decisions. (correct)

Which court is not self-binding according to the provided content?

High Court (correct)

Divisional Court

Supreme Court

Court of Appeal

What is the 'Declaratory theory of law' regarding the self-binding precedent of the Supreme Court?

It suggests that the judge makes new law in every decision.

It posits that the judge only declares the existing state of law and cannot overrule itself. (correct)

It states that the Supreme Court can overrule its own previous decisions.

It implies that the Supreme Court decisions are merely persuasive.

Which of the following is an exception to the Court of Appeal being self-binding?

The presence of a previous decision made per incuriam. Signup and view all the answers

What does 'per incuriam' refer to specifically?

A judgment made by the Court of Appeal without regard to relevant statutes or precedents. Signup and view all the answers

What does the 'vertical precedent' imply in the hierarchy of courts?

Lower courts are bound by judgments of higher courts. Signup and view all the answers

When the Court of Appeal faces two contradictory previous decisions, what should it do?

Choose one decision to follow. Signup and view all the answers

Which court has a persuasive authority only usually followed?

High Court Signup and view all the answers

According to O'Connor, why is the respect for precedent indispensable?

It ensures continuity over time, which is essential for the rule of law. Signup and view all the answers

What major legal concern was highlighted after the SCOTUS's 2022 term?

The legitimacy of judicial precedents in abortion cases. Signup and view all the answers

What was Castor's view on the use of pre-Revolutionary historical precedents?

They are irrelevant to modern American law. Signup and view all the answers

What primary issue does the case Dobbs v. Jackson address?

Abortion laws. Signup and view all the answers

Why did some states want to outlaw references to the common law?

To implement a new legal system. Signup and view all the answers

How did Trump's lawyers view the precedent related to impeachment proceedings?

They believed it was irrelevant since Trump was no longer in office. Signup and view all the answers

Which statement reflects Justice Alito's view on Roe v. Wade?

It was incorrect from the outset with weak reasoning. Signup and view all the answers

What historical analogy did Castor use to criticize using pre-Revolutionary precedents?

Comparing it to having a parliament and a king. Signup and view all the answers

What is the primary function of Rule 11 of the FRCP?

To ensure legal papers are fair and prevent litigation abuse Signup and view all the answers

Which of the following best defines 'judicial precedent'?

The process and reference to previously decided cases Signup and view all the answers

What does the term 'ratio decidendi' refer to?

The principle of law on which a decision is based Signup and view all the answers

Which case is mentioned as an example of the application of the rule of precedent?

Miller v. Jackson Signup and view all the answers

Which of the following is NOT a parameter affecting the nature of the rule of precedent in English Law?

Consistency with legislative intent Signup and view all the answers

What does 'obiter dictum' refer to?

Statements with no impact on future cases Signup and view all the answers

What is the principle behind the doctrine of stare decisis?

To support past decisions and maintain consistency Signup and view all the answers

Which statement distinguishes 'questions of law' from 'questions of fact'?

Only decisions on questions of law can be used as precedents Signup and view all the answers

Study Notes

Judicial Precedent

The ratio decidendi must differ, as understood in the case Miller v Jackson of the Court of Appeal.
The jurisdiction delivering the decision:
- House of Lords (until 2009) / Supreme Court today
- Court of Appeal (only one in UK) – self-binding with three exceptions
- High Court – no self-binding

Authority of Precedent

Vertical proceedings in common law: more complicated with self-binding precedent
Vertical precedent: High Court is bound by the judgment of Appeal; Court of Appeal is bound to the judgments of the Supreme Court (not those of the High Court)
Divisional Court: a formation of the High Court with at least two judges involved in judicial review proceedings – bound by the Court of Appeal
High Court has persuasive authority: usually followed

Self-Binding Precedent

Court of Appeal is bound by its own judgments, but with three exceptions:
- Confronted with two previous decisions that contradict each other
- Per incuriam judgment: a judgment deliberated by the Court of Appeal that was taken carelessly
- Previous decision has been overruled

Declaratory Theory of Law

Concerns the self-binding precedent of the Supreme Court
States that it is impossible to overrule itself – the judge can't make law, the judge only declares the existing state of law

Rule of Precedent in the US

Debate about the adoption of the Common Law in the US is still not 100% settled
Concerns about using precedents, even in the impeachment trial of Trump
Example of second impeachment trial of Trump: can we institute impeachment proceedings against an officer of the state who's no longer in office?

Judicial Precedent in the US

Major concerns about precedent after SCOTUS's 2022 term (Dobbs v. Jackson)
According to Justice Alito, Roe v. Wade "was wrong from the start. Its reasoning was exceptionally weak, and the decision had damaging consequences."
Rule 11 of the FRCP: stops litigation abuse by making sure legal papers are fair

Foundation of Judicial Precedent

Based on the stare decisis: stand by the decision / let the decision stand
The term "judicial precedent" has two meanings:
- The process whereby judges follow previously decided cases
- Reference to the decided case itself - a precedent which may be relied on in the future

Precedent in English Law

Two parameters affect the nature of the rule of precedent:
- Varying scope with respect to content
- Varying scope with respect to jurisdiction
Application: Miller v. Jackson – sometimes it can become complicated
Focus on the content of the decision:
- Ratio decidendi: the principle of law on which a decision is based
- Obiter dictum (dicta): literally "something said by the way"

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Description

Learn about Rule 11 of the Federal Rules of Civil Procedure, its purpose in preventing litigation abuse, and the concept of judicial precedent based on stare decisis.